STATE OF MADHYA PRADESH Vs. SUSHIL KUMAR

JUDGEMENT

(1.) THE appellant, State of M. P. , challenges acquittal of the respondent Sushil Kumar of charge under Section 304-A by Judicial Magistrate 1st Class, Mandleshwar (West Nimar) by judgment dated 2. 11. 1985.

(2.) THE respondent accused was prosecuted for having on 15. 10. 1982 rashly or negligently driven a scooter on Badwaha-Mandleshwar public road and having caused injuries to pillion rider Sheikh Babukhan resulting in his death on 17. 10. 1982 at Choithram Hospital, Indore.

(3.) THE respondent accused pleaded not guilty to charge under Section 304-A, Indian Penal Code. Respondent in his examination stated that the scooter was being driven by deceased Sheikh Babukhan, it was running at normal speed. Suddenly scooter's piston got jammed and the scooter fell down. He did not examine any witness in defence.